Hally v. Felker et al

Filing 3

FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 5/17/07 Recommending that this action be dismissed without prejudice. These Findings and Recommendations are submitted to the U.S. District Judge Morrison C. England, Jr. Within twenty days after being served with these Findings and Recommendations, Petitioner may file written objections with the Court. (Mena-Sanchez, L)

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(HC) Hally v. Felker et al Doc. 3 Case 2:07-cv-00889-MCE-KJM Document 3 Filed 05/18/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JABAR HALLY, Petitioner, vs. T. FELKER, Respondents. / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Court records reveal that petitioner has previously filed an application for a writ of habeas corpus attacking the conviction and sentence challenged in this case.1 The previous application was filed on March 29, 2004, and was denied on the merits on April 2, 2007. Before petitioner can proceed with the instant application he must move in the United States Court of Appeals for the Ninth Circuit for an order authorizing the district court to consider the application. 28 U.S.C. 2244(b)(3). Therefore, petitioner's application must be dismissed without prejudice to its refiling upon obtaining authorization from the United States Court of Appeals for the Ninth Circuit. FINDINGS & RECOMMENDATIONS No. CIV S-07-0889 MCE KJM P Hally v. Scribner, CIV-S-04-0828 RRB CMK P. 1 Dockets.Justia.com Case 2:07-cv-00889-MCE-KJM Document 3 Filed 05/18/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 hall0889.suc Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. 636(b)(l). Within twenty days after being served with these findings and recommendations, petitioner may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Petitioner is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: May 17, 2007. 2

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